Policy & terms

Last modified on April 15, 2021.

1. DEFINITIONS OF MOKRICA TRANSLATION SERVICE 
•    “You” means you as an individual or, if any, the company or other legal entity that you represent for.
•    “User” means a visitor to the Mokrica website or the Service who is not a registered user.
•    “Customer” means a visitor to the Mokrica website who has registered and used the Service.
•     “Translator” means a third party directly translating customer’s documents in accordance with Mokrica's standards & procedures.
•    “Services” means all mokrica.com websites including: services, applications, technology related to translation services provided to Customers and Translators.
•    “Order” means any order for Services created by Customer and accepted by Mokrica through confirmation in the Platform or in other writing
•    “Customer’s Document” means source content and other materials provided by Customer.
•    “Translated Work” means translated content from Customer’s Document.
•    “Mokrica Quality Policy” is available at / Service Quality/ 
•    “Platform” means Mokrica's portal and online platform, initiating Orders and accessing Services.
•    “Online translators” are approved linguists
•    “My Orders – Customer” means the customer who manages the order and views the translator in charge of the order.
•    “My Orders – Translator” means the translator who manages to receive orders from customers
•    “Order Quote” means information about a customer's order
•    “Source language” is the document/text content of the language to be translated
•    “Target language” is the document/text content of the translated language
•    “Recent Orders – Customer” means a customer who has just placed an order
•    “Recent Orders – Translator” means the translator has just received the order
•    “Control Panel” is an online portal for customers to upload documents to be translated
•    “Activity” means Customer’s Order in progress of translation
•    “Pending” means that Customer's Order is in the process of being received by the translator
•    “Completed” means that the Customer's Order has been translated
•    “Cancelled” means Customer's Order has been cancelled
•    “Estimated Completion” means estimated time for completion of the Translated Work
•    “Refund” means the discount to be refunded to the Customer, depending on the number of words per order that the customer uses the Mokrica service. In this case, when the customer is an individual or a company has agreed with a cooperation contract.
•    “Pending” means that the received Translator’s Order is in a state of being waiting for the Client to select “Are you the right Translator for the assigned job?”
•    “Active” means that the Translator's Order has been paid by the Client and selected You as the most suitable translator for the assigned work.
•    “Completed” means that the Translator's Order has been submitted to the Client for review and evaluation
•    “Cancelled” means Translator's Order has been Canceled

2. TERMS OF SERVICE
The Terms of Mokrica’s Service collectively (“Terms”) governs Your right to access or use the service, an individual or, if any, the company or other entity that You represent for. Your access to and use of the Service constitutes Your consent to be bound by our terms. This establishes a contractual relationship between You and Mokrica. If you do not agree to these Terms, you may not access the Service.

You claim that you are 18 years old or older, or the age of majority in your place of residence or jurisdiction.
By using the Mokrica Services and accessing the Mokrica Website, you agree to the following terms:

2.1 You will agree and warrant to provide complete and accurate information and update accordingly referred information when You log into the Platform and/or use Mokrica content/services in any way.

2.2 Under no circumstances shall You have any right to allow third parties to use, either permanently or temporarily, your account information or any other authorization on the Platform. Otherwise, Mokrica may suspend Your respective account permanently or temporarily.

2.3 You will be solely responsible for allowing third parties to use your account. Under no circumstances will the third parties who use Your account, whether permanently/temporarily and partly/wholly, bring any rights or claims against Mokrica.

2.4 You agree and warrant not to create multiple user accounts for any reason. Otherwise, You will be liable for any adverse consequences related to such breach.

2.5 You will agree and warrant not to share your account information with any other third parties, to protect and keep the referred information confidential and to notify Mokrica immediately in the event of a breach. Mokrica is not responsible for any damages, losses, expenses and any other adverse results arising from such unauthorized use.

2.6 You agree and warrant not to abuse or engage in illegal activity by using the Mokrica Services.

2.7 While using Mokrica's services, You agree and warrant not to smear or harass Mokrica or Mokrica's Employees, Contractors, Customers or Translators. Otherwise, You will be solely responsible for your related actions.

2.8 In the event that You violate the terms stated above, Your account will be permanently/temporarily suspended and You may be deprived of your access to Mokrica services/content.

2.9 You will make sure not to contact or attempt to contact Translators outside of the Platform provided by Mokrica for communication. 

If You are a Translator or apply to become a Translator, these Terms of Service also apply to You. Approved translators are also subject to the Mokrica’s Agreement.

3. TRANSLATION SERVICES
The service forms a technology platform that allows users to use translation services through the online portal of Mokrica's website. Customers use the service by uploading to the online portal: extract the number of words on the document to be translated, quote and estimated time for completion (referred to as first party). Translators are previously approved linguists who receive requests from customers to conduct translations (referred to as third parties).

3.1 Because Mokrica provides intermediary translation services between Mokrica's Customers and Translators. Therefore, the Translator will be checked by Mokrica once or many times, to determine professional skills / professions. The assessment of the test and the evaluation of Translators for receiving orders from customers are determined by Mokrica and it is final.

3.2 In order to obtain translation services through the Mokrica Platform, the Customer must provide a Translation Order. In an order, make sure to provide clear, accurate and complete document information.

3.3 Translation orders provided by Mokrica's Customers are recorded into Mokrica's system. Translator, depending on his/her skills/expertise, will accept orders - Maximum 03 Translators will receive and Customer has the right to choose the Translator that Mokrica proposes and appraises. Without payment, Mokrica's Customer reserves the right to cancel any Translation Order. If paid and done by the Translator, the Translation Order cannot be canceled and the payment will not be refunded.

3.4 For each Translation Order, Mokrica system will estimate the time to complete the translation, but this may not be the exact delivery time. The translation will not guarantee that the translation service will be completed by that estimated time. When the translation service is completed, Mokrica notifies the Customer of the completion for review and evaluation.

3.5 Translated Content will be deemed approved if Mokrica's Customer does not respond in any way within 120 hours. Due to the nature of language translation, errors in translation are bound to happen. Customer may reject the Translated Work within the 120-hour review period if he/she reasonably determines that it does not meet the ordered Quality Standard. We will perform a quality check and get back to you regularly within one business day of the rejection. If Mokrica determines that the Translated Work you have rejected does not meet the Quality Standards, then Mokrica will honor the refusal and re-supply the translation or allow the order to be cancelled.

3.6 The User will agree and accept that Translator is only an intermediary between Translator and Translator's Customer; Customer and Translator shall use the translation services at their own risk and shall be mutually responsible for their own actions/transactions, including the Translated Content. Mokrica will make no guarantees regarding their actions/transactions.

3.7 For the reasons stated herein, Mokrica has no obligation to control and monitor the Translated Content and makes no warranties regarding translation services via the Platform (including limitations on accuracy, quality, reliability, completeness, legitimacy of translation or translator's style, translation skills/professionalism of third-party providers.)
Mokrica will limit its liability to corrections or refunds.

Disclaimer. You agree to review any Translated Work prior to publicize it, and you expressly agree that Mokrica will not have any liability or indemnification against you in reliance on the Translated Work. 

3.8 Publication of Client documents. We disclose Customer Documents to Translators, in order to provide Services to you (e.g. preview content to decide whether to enter an Order).

4. PAYMENT
4.1 Regarding translation services on the Mokrica Platform, payments are made by Mokrica's Customers, on the date the Translation Order is provided. You understand that use of the Services may result in you being charged for services or goods you receive from a Third Party Provider (“Fees”). Once you have received the services or goods obtained through the use of the Services, Mokrica will assist you in paying the applicable Fees on behalf of a Third Party Provider, such as collection agency made via PayPal or credit card. Then Mokrica will send You a Receipt by Email. Payment of the Fees in such manner shall be deemed to be the same as if you paid the Third Party Provider directly. And that payment is given to the Translator, to be made monthly as stated in the Translator Agreement. Fees paid by you are final and non-refundable, unless Mokrica determines otherwise.

4.2 If You are a Defined, Approved Customer/Partner of Mokrica, then You are entitled to monthly payment, Or you can use the Return Service from Mokrica Policy (Contractual Agreement is Partner).

4.3 As such between you and Mokrica, Mokrica reserves the right to establish, remove and/or modify the Fees for any or all services obtained through the use of the Services at any time in its sole discretion. In addition, you acknowledge and agree that Fees applicable to certain expedited fee services may apply, provided that you will be responsible for the Charges incurred in your Account regardless of whether you be aware of such charges or not.

5. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INCOMPENSATION
5.1 Customer represents and warrants that they have all necessary rights, title and interest in Customer's Materials and that Customer's Materials will not and do not infringe or otherwise infringe right of any third party, does not violate any laws and does not contain any offensive behavior or unacceptable content.

5.2 Services and Translated Works, provided “AVAILABLE”. Any Translator, Contractor; We do not make any commitments regarding the Content in the Service; Specific functions of the Service; Or trustworthiness; Or the ability to meet your needs. We provide “AVAILABLE” Services. In addition, Mokrica makes no representations, warranties or guarantees as to the reliability, suitability or ability of the Third Party Providers.

5.3 Mokrica will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost data, personal injury or related property damage to, or as a result of, any other use of the service, even if Mokrica has been advised of the possibility of such damages. Mokrica will not be liable for any damages, liabilities or losses arising from: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party suppliers, even if Mokrica has been advised of the possibility of such damages. Mokrica shall not be liable for delay or failure in performance due to causes beyond Mokrica's reasonable control.

5.4 Mokrica's services may be used by you to request language services with third-party providers, but you agree that Mokrica has no responsibility or liability to you with respect to any translation, goods or logistics services provided to you by third-party provider other than those expressly set forth in these terms.

Indemnification
You agree to indemnify and release Mokrica, its affiliates, directors, employees and agents from all liabilities and all claims, demands, losses, liabilities and expenses (including attorneys' fees), arising from or in connection with: (i) your use of the Services or the services or goods obtained through your use of the Services; (ii) you v violate or breach any of these Terms; (iii) Mokrica's use of your User Content; or (iv) your violation of the rights of any third party, including the Third Party Provider.

6. PRIVACY
6.1 By accepting this Agreement, the User is deemed to have accepted and bound by the Confidentiality Policy, which is an integral part of this Agreement.

6.2 Users may be asked to provide certain information (including but not limited to first name, last name, e-mail address, information about their language skills) during registration. Mokrica pays attention to take necessary measures to protect the presented information.

6.3 Terms of use, disclosure and collection of User's personal information are explained by Mokrica in the Confidentiality Policy.

6.4 Mokrica may disclose Customer’s Materials to potential Translators, for the sole purpose of allowing them to preview the content in order to decide whether or not to participate in the Translation Order. In this regard, User is solely responsible for correcting or deleting any confidential or personally identifiable information contained in Customer’s Materials if User does not wish to disclose such information.

7. INTELLECTUAL PROPERTY RIGHTS
Any image/Text content, any copyrighted materials and/or any information/content, trademarks, and any proprietary rights presented on the Platform are exclusively owned by Mokrica (collectively referred to as “Trademarks”). The contents of the Mokrica Platform are protected by intellectual property laws and this Agreement shall not be reproduced, modified, published or in whole or in part/ Or this Agreement shall not be construed to provide any right to use or license to Users of Mokrica's trademarks or brands, without Mokrica's express written permission.

8. FORCE MAJEURE
Mokrica shall not be liable for any delay in the performance of this Agreement (including but not limited to Mokrica's failure to comply with its obligations under this Agreement) as a result of any Force Majeure, unpredictable events occurring beyond Mokrica's control (including but not limited to, natural disasters, wars, epidemics, terrorist attacks, riots, fires, floods, accidents, strikes, restrictions on means of transport, or unavailability of fuel, electricity, labor or materials).

9. TRANSFER
9.1 User will not assign, transfer or charge any rights or warranties relating directly or indirectly to this Agreement, to any third party, without the prior written consent of Mokrica.
9.2 Mokrica may assign, transfer or charge for all or part of its rights, warranties or obligations under this Agreement, at any time, to any third party, with notice to the User.

10. MISCELLANEOUS
This Agreement contains the entire agreement between You and Mokrica. Mokrica may amend this Agreement or any other policy at any time and from time to time, and such modifications will become effective when we post them on this page. We'll modify the "Last Updated" date at the top. 
You agree to periodically review this Agreement to be aware of any amendments. If you do not accept these modifications, you must stop accessing Mokrica Website. Your continued access to and use of Mokrica Website following notice of any revisions will be deemed your acceptance of all modifications.